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African Commission on
Human and Peoples' Rights
Human Rights our
Collective Responsibility
other legislative instruments the principle of equality between women and men
and ensure its effective application.
217. Article 3 of the same Protocol provides for the right of every woman to dignity
inherent in a human being and to the recognition and protection of her human and
legal right. The Article also provides that [e]very woman shall have the right to
respect as a person and to the free development of her personality."
II
218.
Article 11 of the African Women's Protocol provides that:
1. States parties undertake to respect and ensure respect for the rules of international
humanitarian latu applicable in armed conflict situations, which affect the population,
particularly women.
:
2. States parties shall, in accordance with the obligations incumbent upon them under
international humanitarian law, protect civilians including women, irrespective of the
population to 'which they belong, in the event of armed conflict.
3. States parties undertake to protect asylum seeking women, refugees, returnees and
internally displaced persons, against all forms of violence, rape Protocol on the Rights
of Women 71 and other forms of sexual e£ploitation, and to ensure that such acts are
considered war crimes, genocide and/or crimes against humanity and that their
perpetrators are brought to justice before a competent criminal jurisdiction.
4. States parties shall take all necessarvmeasures to ensure that no child, especially girls
under 18 years of age, take a direct part in hostilities and that no child is recruited as a
soldier.
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219. These provisions affirm the obligation of State Parties to the Protocol not only
to prevent all forms of discrimination against women but also to ensure the respect
for the rights and dignity of women, and protection of women during armed
conflict. In the Egtjptian Initiative case, the Commission recognised the harmful
impact of the differential treatment that the victim had received and how that
amounted to discrimination on the basis of sex. It also rightly pointed out the link
between gender-based violence and discrimination against women. It however
arrived at its decision based on whether or not the women received the same
treatment as the men in the same circumstances.